Interference 104,002
These results indicate the usefulness of the polynucleotide sequence encoded by
MN390 in differentiating colon tissue of a Crohn’s disease patient from normal colon
tissue. Accordingly, we find that Godiska had an actual reduction to practice on March
3, 1995.
In view of our finding with respect to the polynucleotide sequence of the MN390
clone, we need not reach Godiska’s arguments with respect to the utility of the
polypeptide having the amino acid sequence of residues 25 to 93 of Godiska’s SEQ
ID NO: 2.
Since Li is only entitled to its constructive reduction to practice date of June 15,
1995, we hold that Godiska prevails over Li with respect to priority.
V. Judgment
In view of the foregoing, judgment as to the subject matter of the count is hereby
awarded to junior party RONALD GODISKA and PATRICK W. GRAY.
Accordingly, on the present record,
RONALD GODISKA and PATRICK W. GRAY are entitled to a patent containing
claims 1-12 and 17-20, corresponding to the count; and
senior party, HAODONG LI and GEORGE SEIBEL, is a not entitled to a patent
containing claims 21-52, corresponding to the count.
11
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007